The D.C. Circuit has thrown out the FCC's Broadcast Flag rule.

C|Net News calls it "a stunning victory for hardware makers and television buffs."

But perhaps a tad more ambivalence is in order. Regardless of the legal merits (the decision turned on the FCC's statutory power), it is simplistic to see this as a content vs. tech & consumers fight. The blunt fact is, if content cannot be protected then it will not be produced. So a "victory" in such circumstances might turn out to be rather hypothetical -- viewers would be able to share content freely if only there were anything worth sharing.

Much of the tech industry was aware of this, and acquiesced in the rule.

So if this was a victory for TV buffs -- have fun, guys. There will be lots of interesting test patterns. Or, of course, you can watch cable and satellite, which will be able to carry DRM protected content. The word for such victories is "Pyrrhic."

posted by James DeLong @ 11:36 AM | Analog Holes

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